Every now and then there is an article somewhere about a 90-year-old who has worked at McDonald’s, Walmart or some other place for 50 years. They are celebrated. I respect anyone with a work ethic, but certainly wish jobs would pay enough so you don’t have to flip burgers or stock shelves in your golden years.
It may be the bad economy, but I have noticed a really big uptick in older workers contacting us lately after getting injured on the job. Almost 100% have been real salt of the earth type people. They mostly want to keep working and like what they do.
A couple have been part time workers who also receive social security retirement payments. They are worried that getting a work comp settlement will cause those payments to go down. While that is a valid concern for workers who are on SSDI (although a good attorney can minimize any harm) it is not a concern for those on regular retirement age social security.
I also had a worker who fell and broke her hip wanting to know what her case was worth. She is 74 years old and struggling to still do her job.
How Settlements For Older Workers Are Calculated
One of the factors in determining any Illinois workers’ compensation settlement is your work life expectency. In other words, how long will you keep working? Another factor is, how will this injury affect your ability to do your job.
With older workers, the calculation is a little different. We can’t compare a settlement for someone in their 20’s or 30’s with a similar injury because their age can make the case worth much more.
That said, a serious injury for an older worker can actually be worth more money than it would be for someone younger. If you are forced to stop working that job, but can do a different, lower paying job, you would be entitled to five years of wage differential benefits. For most workers, this means you would likely get something in the low six figures, tax free.
For other workers, a serious injury is likely career ending. If there is no stable labor market for you based on your age and injury, you may be entitled to permanent disability benefits. That could potentially be $50,000 or more a year, tax free, for the rest of your life. In other words, a serious injury that would not end the ability of a 25 year old to ever work again would be worth much less than the same injury to a 75 year old that can not work again.
And for some workers, you get hurt and are able to return to the job. Those cases have settlement value too. How much your case is worth depends on how serious the injury is, the treatment you’ve received, your recovery and your future medical needs.
Medicare And Older Worker Injuries
One way a good Illinois workers’ compensation attorney can protect you is by making sure you do not lose any Medicare rights. 100% of your medical bills for your work injury should be paid for by workers comp. If you settle the case and it’s anticipated that you will need future medical care at some point for the injury, any settlement must take this into consideration.
What will often happen is an additional settlement payment called a Medicare set aside. This is money that should go directly to you to pay for any medical needs you have in the future related to your injury. And if you don’t get that treatment, you get to keep this additional money.
On the other hand, if this is not done, Medicare might deny future services if they pay for things they should not. So it is really important to have an experienced attorney address this issue. You absolutely can not count on the insurance company or your employer to handle it for you. They likely will not as this will cost them more money.
As you can see, there is a lot of information to consider. If your attorney is not experienced, it can cost you a lot of money. We have been helping injured workers since 1997 and would love to help you via our state wide network of experienced attorneys. We promise to treat you the same way we would if a family member or friend asked for help. Contact us at 888-705-1766 any time for a free consultation.
